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Public interest
In the Reynolds caseiReynolds v Times Newspapers Ltd [2001] 2 AC 127 (HL), the House of Lords introduced a defence which protected the publication in the media of untrue defamatory allegations.
Retrieved from <a href="http://www.scotlawcom.gov.uk/files/5114/5820/6101/Discussion_Paper_on_Defamation_DP_No_161.pdf" target="_blank">http://www.scotlawcom.gov.uk/files/5114/5820/6101/Discussion_Paper_on_Defamation_DP_No_161.pdf</a> [accessed 30 January 2020]
In the 2013 case of Lyons v Chief Constable of Strathclyde involved communications b...
Section 5 of the Bill, which addresses a controversial Supreme Court case from 2014 (David T Morrison & Co Limited v ICL Plastics Ltd). This case related to an explosion in a Glasgow plastics factory.
This follows the Supreme Court decision in Christian Institute v. Lord Advocate [2016] UKSC 51 which found these provisions to be outwith the competence of the Scottish Parliament.
The Supreme Court said this amounted to an interference with possessions under A1P1.iAXA General Insurance Ltd v Lord Advocate [2011] UKSC 46; Recovery of Medical Costs for Asbestos Diseases (Wales) Bill - Reference by the Counsel General for Wales [2015] UKSC 3.
In recent years, prior to the decision in Webster v. Dominick, it was used to prosecute what could best be described as ‘public indecency’ and, separately, to prosecute sexual offences against children in certain limited contexts.
The Scottish Ministers are under positive obligations to protect prisoners’ and prison staff’s article 2 (right to life – see Osman v UK, 23452/94), 3 (protection from torture or inhuman or degrading treatment – see A v UK [1998] ECHR 85) and 8 (right to private life, specifically the right to protection of an individual’s physical integrity – see MC v Bulgaria [2003] ECHR 651) convention rights.